§ 01
Who you're agreeing with
SmokeFree is published by Dennis Schmidt, an independent software developer based in Berlin, Germany. There is no company behind it — "we" in these terms means Dennis Schmidt as a sole proprietor. Formal contact details are listed in the imprint.
§ 02
What these terms cover
These terms apply to your use of the SmokeFree iOS and watchOS app, distributed through the Apple App Store. They do not cover services operated by Apple (the App Store itself, your Apple Account, in-app purchase processing) — those are governed by Apple's own terms, which continue to apply alongside these. Where the two conflict, the App Store EULA controls.
We do not run any web service related to SmokeFree. The marketing site you're reading these terms on is static content; no account or login exists.
§ 03
Your licence to use the app
Subject to Apple's standard App Store EULA, you are granted a personal, limited, non-exclusive, non-transferable, revocable licence to install and use SmokeFree on devices you own or control.
You may not redistribute the app, reverse-engineer it beyond what applicable law allows, or attempt to circumvent the Pro entitlement check. Anything you log in the app — quit date, cravings, slips, patterns — remains yours.
§ 04
Free, Pro, and the 7-day trial
The free tier of SmokeFree is, and is intended to remain, free. It works without an account or a subscription.
SmokeFree Pro is an auto-renewing in-app subscription, billed by Apple to your Apple Account. Current pricing is shown in the app at the moment you subscribe; local tax may apply. Each new install receives a one-time 7-day free trial of everything Pro unlocks. The trial converts into a paid subscription unless you cancel at least 24 hours before it ends, per Apple's standard subscription terms.
You can view, manage, or cancel the subscription at any time in Settings → [your name] → Subscriptions on your device. Cancellation takes effect at the end of the current billing period; your data stays where it is.
Refunds for in-app purchases are handled by Apple, not by us. Apple's refund policy applies. Your statutory consumer rights are not affected by this section.
§ 05
Apple's role
These terms are between you and Dennis Schmidt. Apple is not a party. Apple is, however, a third-party beneficiary of these terms with the right to enforce them. Apple has no obligation to provide maintenance or support for the app.
§ 06
Not medical advice
SmokeFree is a behaviour-support tool, not a medical device. It does not diagnose, treat, cure, or prevent any disease, and it is not a substitute for professional medical or psychological advice. If you are quitting nicotine or worried about your health, talking to a doctor is a good idea.
§ 07
What the app promises (and doesn't)
SmokeFree is provided as-is. We do not guarantee that it is free of bugs, that a given SOS session will resolve a given craving, or that the patterns it surfaces are clinically meaningful. Where the law allows, all implied warranties beyond the statutory minimum are excluded.
Your statutory rights as a consumer — including warranty rights under German and EU consumer law — remain unaffected by this section.
§ 08
Liability
We are liable without limitation for damages arising from intent, gross negligence, injury to life, body or health, and under the German Product Liability Act (Produkthaftungsgesetz). For simple negligence, liability is limited to a breach of essential contractual obligations and capped at typical, foreseeable damage.
Beyond that, liability is excluded to the extent legally permitted. Because the app runs locally, keep your own notes of anything you really don't want to lose — the database lives on your phone.
§ 09
Changes to these terms
These terms may change when the app materially changes. The effective date at the top of this page always reflects the current version. If a change would meaningfully restrict your existing rights, it will be called out in the app's release notes. Continuing to use the app after a change means you accept the updated terms.
§ 10
Governing law & venue
These terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, the mandatory consumer-protection provisions of the country in which you have your habitual residence apply in addition.
The place of jurisdiction for disputes with merchants is Berlin, Germany, to the extent permitted by law. We are not obliged and not willing to participate in dispute-resolution proceedings before a consumer arbitration board (§ 36 VSBG).